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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Petitions for Rulemaking

FMCSA Petitions for Rulemaking
(49 CFR 389.31)

Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule. Each petition filed must:

  • Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or filing the petition as a comment, electronically at, using the general petitions for rulemaking docket FMCSA-2021-0054;
  • Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;
  • Explain the interest of the petitioner in the action requested;
  • Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.

Petitions received will be logged on the table below and categorized by "open" and "closed" petitions. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).

Open Petitions for Rulemaking

The following is a list of petitions for rulemakings that are pending a decision from the Federal Motor Carrier Safety Administration or granted and awaiting further action.


Summary of Request

Date of Petition

Commercial Vehicle Alliance (CVSA) Amend Title 49 CFR 383.25(a)(1) to clarify what qualifies as a "valid commercial driver's license (CDL)" for the purposes of accompanying a commercial learner's permit (CLP) holder for behind-the-wheel training in a commercial motor vehicle (CMV). April 4, 2023
CVSA Amend CFR 393.205 to clearly identify several hazardous conditions that correspond to regularly observed conditions of wheel components that result in high risk of a crash or breakdown. March 29, 2023
CVSA Amend Title 49 CFR 392.60 DOT Regulatory Guidance to require written or electronic documentation of authorization for passengers in a commercial motor vehicle. February 2, 2023
CVSA Amend 49 CFR Part 393 by incorporating changes in Subparts B, C, E, F, G and J for Parts and Accessories Necessary for Safe Operation. February 2, 2023
CVSA Amend Title 49 CFR 393.102 and 393.106 to make the cargo securement requirements clearer, more enforceable and in line with the model regulations. May 31, 2022
CVSA Amend 49 CFR 393.5 to define the term "friction mat" more specifically and provide a minimum standard for the use of "friction mats for cargo securement. May 31, 2022


Amend 49 CFR 393.86 to remove labeling requirements for rear impact guards.

March 12, 2019


Amend the response in DOT Regulatory Guidance Interpretation Question 3 in 49 CFR 393.130 to mirror the language found in the Canadian National Safety Code Standard 10, Section 89(2) Accessory Equipment. 

August 27, 2018

Fleet and Logistics, United Northeast Amend 49 CFR 390.5 definition of a commercial motor vehicle to remove Class 3 vehicles.                    May 18, 2023

Michigan Aggregates Association

Amend § 393.40 to add portable conveyors to the list of vehicles that are not required to have brakes on all wheels.

January 18, 2019

My Truck Cams Requesting a mandate for the installation of side cameras and cabin monitors in all trucks as a supplement to actual rearview mirrors to enhance traffic safety.  January 23, 2023

*National Association of the Deaf (NAD)

Rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. Request that the DOT and FMCSA repeal the regulatory language or, in the alternative, obtain clarification on non-discriminatory terms in 49 CFR 391.11 and 383.133.

March 14, 2019

National Propane Gas Association (NPGA) Amend the Federal Motor Carrier Safety Regulations to provide a process for FMCSA to declare an imminent emergency prior to an actual emergency.                    August 27, 2023
Steve Talkington Consulting, Inc. Eliminate the requirements in 49 CFR 391.23 (a)(2) and 391.23 (c).                October 27, 2023

Transportation Intermediaries Association  (TIA)

Petition to implement and enforce the provisions of 49 U.S.C.  §13903 (c) and 13904 (c) as it relates to the experience or training requirements for freight forwarders and brokers.


                    June 16, 2023

U.S. Air Force Reserve               


Petition to amend 49 CFR 383.3 (c) to include U.S. Air Force Reserve Technicians who operate CMVs for military purposes.

              October 11, 2023

Web Sling & Tie Down Association (WSTDA

Amend the cargo securement regulations under Part 393 to incorporate by reference WSTDA’s Specification for Interior Van Securement Devices WSTDA-T-5.   


October 19, 2020

*The Agency issued Driver Qualifications; Regulatory Guidance Concerning the Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard on October 1, 2014 (79 FR 59139). The Agency requested public comment on NAD’s petition on December 19, 2019 (84 FR 68386).

Closed Petitions for Rulemaking

The following is a list of petitions for rulemaking that are no longer an open matter because the Agency has issued a denial or the petition has been granted and the rulemaking process has been initiated as indicated by a Rule Identification Number or Final Rule.

Date Received


Summary of Petition

Decision Grant/Deny and Date of Letter to Applicant

If Granted: Rule ID Number or Final Rule Cite


American Trucking Associations 

Request amendment of CDL regulations to make certain COVID-19 relief provided through the emergency declaration, permanent.

Granted 11/24/2021


        06/09/2022 Commercial Vehicle Safety Alliance (CVSA) Petitioner requests the FMCSA to require interstate transporters of hemp to carry recommended shipping documents included in the U.S. Department of Agriculture's final rule on hemp production. Denied 12/19/2022  
        03/29/2022                                         CVSA Add a definition of Personal Conveyance to 49 CFR 395.2 and remove all interpretative guidance from 49 CFR 395.8. Denied 09/02/2022  
 02/02/2023   CVSA

Amend Title 49 CFR §392.60 DOT Regulatory Guidance to reuire wrtten or electronic documentation of authorization fo passengers in a commercial motr vehicle. 

Denied      10/11/20023


       01/06/2023       CVSA Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria (OOSC) for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2023 edition. Granted 7/24/23

88 FR 47437  (NPRM)

 03/29/2022      CVSA Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria (OOSC) for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2022 edition. Granted 07/24/2023 87 FR 47437 (NPRM)


CVSA requested the Agency place the petition on hold

CVSA requested the Agency resume its review of the petition.


Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and OOSC for Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2021 edition.

Granted 02/22/2022



86 FR 72851



Amend § 396.31(a)(1) to address OOSC references.



Granted 8/29/2022




Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s OOSC to note the April 1, 2021 edition. 


86 FR 35443

 10/07/2020   CVSA Revise 49 CFR 390.23 and 49 CFR 390.25 concerning emergency declarations to limit the scope of the relief granted. Granted 06/29/2022  



Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s OOSC to note the April 1, 2020 edition. 


86 FR 35443

12/04/2019 CVSA Amend 49 CFR 395.2 to include a definition of "yard moves." Denied 03/28/2022  



Amend 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and OOSC for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantitates of Radioactive Materials as Defined by 49 CFR 173.403.

Granted 02/24/2020

84 FR 52432 (NPRM)



Amend 49 CFR 382.603 to require reoccurring alcohol and controlled substance training for supervisors.

Denied 12/26/2019 




Amend § 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association of Chain Manufactures 2016 standards for performance specifications and markings for removable hooks used on tiedowns.

Granted        02/14/2023



 08/27/2018                       CVSA Amend appendix G to require rear impact guards to be inspected as part of the required annual inspection.

Granted          11/09/2021

86 FR        62105



Amend 49 CFR 393.47 concerning air brake readjustment limits to correct an error linked to the incorporation by reference of the Society of Automotive Engineers' (SAE) publication. SAE corrected the error in its publication.

Granted 10/14/2021

86 FR 57060



Add a definition of personal conveyance to 49 CFR 395.2 and remove all 395.8 interpretative guidance.

Denied 09/18/2020




Expand definition of “actual knowledge” in 49 CFR 382.107.

Granted 09/30/2019

84 FR 51427

       05/17/2017                       CVSA Amend definition of "utility service vehicle" in 49 CFR 395.2 to clarify that the term includes commercial motor vehicles supporting broadband-internet and cellular telephone operations. Granted 03/06/2018  


Daimler Trucks North America 

Amend §393.60 to allow vehicle safety technologies to be placed in the windshield; amend the definition of safety technology. 



86 FR 35449


Florida Fruit & Vegetable Association

Modify the Hours of Service and ELD for the transportation of perishable fruit and vegetable commodities.

Denied 11/18/2019


    10/07/2022 Giorlamo Tringali Amend the Commercial Learner's Permit (CLP) regulations in 49 CFR 383.25 to add certain drug test stipulations for CLP holders who fail the initial DOT pre-employment drug test. Denied 02/07/2023  
     07/07/2022 Iowa Department of Transportation Petition for FMCSA to (1) establish standardized training, certification, auditing, and performance standards for third-party knowledge test administration and (2) ensure that commercial driver's license applicants who complete their testing out-of-State have their third-party knowledge test results honored by their State of domicile. Denied 02/07/2023  


Jacob Scroggins

Add Pigeon Clubs to 391.2 list of exempt entities. 

Denied 10/25/2018



J.B. Hunt

Amend regulatory guidance question # 27 to 49 CFR 390.5 concerning the inclusion of “x-ray” as “treatment away from the scene of the accident.”  




87 FR 10895


Jerry and Marianne Karth

Add underride guards to Appendix G and 396.17, and amend definition of Out of Service Criteria (RINAC31).


86 FR  62105



Kevin Armstrong

Petition to Amend CFR 49 391.41 and CFR 391.49 Regarding Physical Qualifications of Drivers. 

Denied            12/09/2021 



10/7/2022 Make Trucking Great Again Association Amend the hours-of-service 34-hour reset for drivers. Denied 09/07/2023  
       04/25/2018 National Agriculture Aviation Association  Request to amend the CDL rules to provide relief from the HM endorsement for drivers transporting Kerosene for aviation. Granted 12/16/2022  


National Federation of 
Independent Business 

Amend the definition of “commercial motor vehicle” under 49 CFR 390.5 to exclude vehicles between 10,001 and 26,000 pounds.





National Federation of Independent Business Small Business Legal Center

Request to amend the definition of commercial motor vehicles. 

Denied 05/21/2021


       08/07/2020 National School Transportation Association  Amend the CDL regulations to establish a school bus-only CDL for intrastate school bus operations. Denied 12/19/2022  
10/2/2017 New Hampshire DOT Revise 49 CFR 383.93 to allow mechanics to operate empty buses without having a passenger endorsement on the CDL Granted 5/31/2023  
        02/04/2022 Nicholas Mayo Petitioner sought an amendment to change the term "properly restrained" and within compliance if the lap strap of the seat belt is secured properly. Denied 2/14/2023  
4/19/2021 Ourbus, Inc.  Amend 49 CFR 390.5 and 49 CFR 390.9 to provide a clear delineation between motor carriers of passengers and brokers for such motor carriers, and as to the scope of Federal preemption over the regulation of brokers Denied 5/22/2023  
       05/19/2020 Owner-Operator Independent Drivers Association (OOIDA) Amend 49 CFR 371.3 concerning broker transparency. Granted 03/16/2023  



Amend 391.47 concerning driver qualifications, to replace the terms “physician” and “medical specialist” with the term “certified medical examiner.” 

Denied            01/10/2022




People for the Ethical Treatment of Animals 

Request to amend 49 CFR 383.51 to prohibit CDL drivers that have committed certain violations from operating a CMV with livestock on board.

Denied  02/21/2022


03/15/2021 Richard Horan Amend 49 CFR 383.95 concerning the linkage of endorsements to specific Classes of CDL, especially the "P" endorsement. Denied 04/19/2022  
08/01/2022 Richard Horan Petition for rules change from Class A Vehicles Restriction to Endorsement for Class A Passenger Vehicles. Denied 02/07/2023  
03/09/2022 Small Business in Transportation Coalition (SBTC) Amend 49 CFR 390.5 to Define "Dispatcher." Denied 03/28/2023  
        01/27/2022                       SBTC Amend regulations on household goods motor carriers in interstate commerce contained in 49 CFR Part 375. Denied 10/28/2022  



Alternative petition for rulemaking regarding English language requirements for CDL testing (submitted as a petition for preemption with petition for rulemaking as alternative relief).

Denied            03/03/2022





Petition for FMCSA to reconsider its denial of SBTC’s request to amend 49 CFR 381 to include instructions for trade groups seeking class exemptions.

Denied            02/21/2022





Retrospective Review of 49 CFR 395 Subpart B--Electronic Logging Devices (ELDs) & Issuance of OST Guidance on ELD vetting and certification pursuant to 49 CFR 5.13(c)(4)(i).

Denied            01/14/2022






Petition for 'Retrospective Review' of 49 CFR 371 & Issuance of OST Guidance on Broker Transparency.

Denied            03/01/2022



        05/06/2020                      SBTC Amend 49 CFR 371.3 concerning broker transparency. Granted 03/16/2023  



Amend 371.2 definition of Broker and Bona Fide agents.

Denied 01/28/2020




Revise application instructions to better accommodate class applications.

Denied 02/28/2021


        03/18/2018 SBTC Petition to amend 49 CFR 383.133(b)(3) Denied 07/08/2022  
        09/08/2022 Tarence Jones Petition to amend part of 49 CFR 393.3(3)(ii) to add grace period of 2-3 hour interruption of the clock count down.  Denied 02/01/2023  
        08/04/2020 Transportation Intermediaries Association (TIA) Rescind 49 CFR 371.3(c).  Issue regulatory guidance to distinguish between dispatch service and brokerage. Denied 03/17/2023  
       12/21/2018 Truck Trailers Manufacturers Associations (TTMA) Amend 49 CFR 393.65 concerning auxillary fuel tanks on trailers and the restriction against gravity or syphon filling into the carburetor or fuel injector. Granted 03/17/2023  
08/04/20 21 Tyrel Olson Eliminate the hours-of-service rules in 49 CFR 395 from the Federal Motor Carrier Safety Regulations. 

Denied            04/07/2022 




United States Transportation Alliance 

Proposes revisions to hours of service and other rules.

Denied            06/01/2020

85 FR 33396


Veolia North America

Petition to allow prospective employers to use reports from the Agency's Pre-employment Screening Program as an alternative to complete investigations and inquiries by 49 CFR 391.23(d). 

Denied            08/10/2022


        01/11/2023  Victor Lopez-Vargas Amend 49 CFR 395 to exempt military veterans. Denied 03/17/2023  

Contact Info:

Larry Minor
Associate Administrator of Policy

Related links:

Archived Petitions for Rulemaking

Petitions for Reconsideration of Rules